Discussion»Statements»Rosie's Corner» Double jeopardy. Not happening. You cannot be charged for the same crime twice, right? So it's possible to get away with murder, right?
Not true at all. You CAN face "double jeopardy" in America, thanks to federal civil rights laws. I know there have been multiple cases since the 1980's where someone was found "not guilty" at the state level - and then tried for the same crime in federal courts and found "guilty". (it has been ruled to not violate "double jeopardy" prohibition, because they are separate jurisdictions and laws)
Given the number of overlapping laws on the books, all the prosecution has to do is file charges under a different law for the same crime. Of course, if they "threw the book at" the defendant the first time - they don't have that ability. But if they left some possible charges "off the table", then they could have a new trial.
You have no idea how happy that makes me Walt! I sit corrected happily! Sometimes being wrong is a joyful thing. This is one of those times. Thank you for your thought and information reply. I appreciate it a lot! :)
Malizz 